Armed Forces Bill

Armed Forces Bill - continued	House of Commons

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SCHEDULE 5

AMENDMENTS RELATING TO MINISTRY OF DEFENCE POLICE

Functions of Ministry of Defence Police Committee

1. In section 1 of the Ministry of Defence Police Act 1987 (establishment of Ministry of Defence Police), for subsection (5) there is substituted-

	"(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee,-
	(a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require, and
	(b) to exercise such other functions as may be conferred on it by or under this Act,
	and may make regulations concerning membership and the procedure of the Committee."

Provision of assistance to other forces

2. After section 2 of that Act there is inserted-

"Provision of assistance to other forces.	2A. - (1) The chief constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.
	(2) Constables are not to be regarded as provided under this section in a case where assistance is provided under any provision of section 2 above.
	(3) In this section-
	"chief officer" means-
	(a) any chief officer of police in Great Britain,
	(b) the chief constable of the Police Service of Northern Ireland,
	(c) the chief constable of the British Transport Police, and
	(d) the chief constable of the United Kingdom Atomic Energy Authority Constabulary;
	"relevant force" means-
	(a) any police force in Great Britain,
	(b) the Police Service of Northern Ireland,
	(c) the British Transport Police, or
	(d) the United Kingdom Atomic Energy Authority Constabulary.
Constables serving with other forces.	2B. - (1) This section applies where a member of the Ministry of Defence Police-
	(a) is provided for the assistance of a relevant force under section 2A above, or
	(b) serves with a relevant force under arrangements made between that force and the Ministry of Defence Police.
	(2) The member of the Ministry of Defence Police shall-
	(a) be under the direction and control of the chief officer of the relevant force, and
	(b) have the powers and privileges of a constable, but subject in the case of the British Transport Police or the United Kingdom Atomic Energy Authority Constabulary to any limitation which applies to the exercise of those powers and privileges by a member of that force.
	(3) In this section-
	"chief officer" means-
	(a) any chief officer of police in Great Britain,
	(b) the chief constable of the Police Service of Northern Ireland,
	(c) the chief constable of the British Transport Police,
	(d) the chief constable of the United Kingdom Atomic Energy Authority Constabulary,
	(e) the Director General of the National Criminal Intelligence Service,
	(f) the Director General of the National Crime Squad, or
	(g) a constable appointed in pursuance of an agreement under section 12(1) of the Police (Scotland) Act 1967 (collaboration agreements) to be responsible for the direction of a joint force of constables established by such an agreement;
	"relevant force" means-
	(a) any police force in Great Britain,
	(b) the Police Service of Northern Ireland,
	(c) the British Transport Police,
	(d) the United Kingdom Atomic Energy Authority Constabulary,
	(e) the National Criminal Intelligence Service, or
	(f) the National Crime Squad, or
	(g) any joint force of constables established by an agreement under section 12(1) of the Police (Scotland) Act 1967."

Power to make regulations relating to disciplinary matters

3. After section 3 of that Act there is inserted-

"Regulations relating to disciplinary matters.	3A. - (1) The Secretary of State shall by regulations made by statutory instrument establish, or make provision for the establishment of, procedures for cases in which a member of the Ministry of Defence Police may be dealt with by suspension, dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.
	(2) The regulations may provide-
	(a) for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead-
	(i) by a person or persons appointed in accordance with the regulations, or
	(ii) by the Ministry of Defence Police Committee, and
	(b) for decisions taken by or on behalf of the Secretary of State or the chief constable of the Ministry of Defence Police to be reviewed by a person or persons appointed by or in accordance with the regulations.
	(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may-
	(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons, or
	(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
	(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."

4. After section 4 of that Act there is inserted-

"Appeals against dismissal etc.	4A. - (1) A member of the Ministry of Defence Police who is dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with section 3A above may appeal to an appeals tribunal except where he has a right to apply to some other person for a review of the decision; and in that case he may appeal to an appeals tribunal from any decision of that other person as a result of which he is dismissed, required to resign or reduced in rank.
	(2) The Secretary of State may by regulations made by statutory instrument-
	(a) make provision equivalent to that made in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 or Schedule 3 to the Police (Scotland) Act 1967, subject to such modifications as the Secretary of State thinks fit,
	(b) make provision as to procedure on appeals to appeals tribunals under this section, and
	(c) make provision enabling an appeals tribunal to require any person to attend a hearing to give evidence or to produce documents.
	(3) Regulations made by virtue of subsection (2)(c) above may, in particular, apply subsections (2) and (3) of section 250 of the Local Government Act 1972 or section 210 of the Local Government (Scotland) Act 1973 with such modifications as may be set out in the regulations.
	(4) Where an appeals tribunal allows an appeal it may, if it considers that it is appropriate to do so, make an order dealing with the appellant in a way-
	(a) which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and
	(b) in which he could have been dealt with by the person who made the decision.
	(5) This section does not have effect in relation to anything done in Northern Ireland by a member of the Ministry of Defence Police.
	(6) Any statutory instrument containing regulations under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(7) In this section "an appeals tribunal" means a tribunal constituted in accordance with regulations under subsection (2) above."

Exemptions from firearms legislation

5. After section 16A of the Firearms (Amendment) Act 1988 there is inserted-

"Possession of firearms on Ministry of Defence Police premises.	16B. - (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a certificate or obtaining the authority of the Secretary of State under section 5 of the principal Act, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.
	(2) Subsection (1) above does not apply to a person while engaged in providing security protection on relevant premises.
	(3) In this section "relevant premises" means premises used for any purpose of the Ministry of Defence Police."

6. After Article 12A of the Firearms (Northern Ireland) Order 1981 there is inserted-

"Possession of firearms on Ministry of Defence Police premises.	12B. - (1) A person who is being trained or assessed in the use of firearms under the supervision of a member of the Ministry of Defence Police may, without holding a firearm certificate or obtaining the authority of the Secretary of State under Article 6, have in his possession a firearm and ammunition on relevant premises for the purposes of the training or assessment.
	(2) Paragraph (1) does not apply to a person while engaged in providing security protection on relevant premises.
	(3) In this Article "relevant premises" means premises used for any purpose of the Ministry of Defence Police."

Prepared 12 December 2000